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  1. B1/B2 visa issues at Manila Embassy

    by , 02-18-2011 at 12:16 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    MU has had several clients inform us that the Manila Embassy has been denying B1/B2 visas to applicants who need the B1/B2 visa in order to come to the US and sit for the National Physical Therapist Exam (NPTE). MU is working with the Department of State in order to try and solve the problem. The problem stems from the Embassy's misinterpretation of the recent Georgia decision and the need for an NPTE in advance of licensure.
    If you have had your B1/B2 denied at the Consulate because the officer mistakenly believes that the NPTE is not required for PT licensure please either add your comment to the MU Healthcare Immigration Law blog, our Facebook page, or email Chris Musillo or Cindy Unkenholt.
    Read the full Healthcare and Immigration Law Blog at or
  2. BIA Precedent Decision: Matter of Michael Alexander NELSON

    by , 02-18-2011 at 05:34 AM (Matthew Kolken on Deportation And Removal)
    The Board of Immigration Appeals (BIA) has issued a precdent decision relating to the "stop-time" rule as it applies to applicants for cancellation of removal.
    The BIA ruled that once an alien has been convicted of an offense that stops the accrual of the 7-year period of continuous residence required for cancellation of removal under INA §§ 240A(a) and 240A(d)(1), residence does not restart should the alien depart and subsequently return to the United States. See Matter of Michael Alexander NELSON, 25 I&N Dec. 410 (BIA 2011)
    The case involves an individual who first obtained his  Green Card in 1994.   On April 9, 1999, he was convicted of possession of marijuana in violation of section 221.25 of the New York Penal Law.  The offense was committed on February 20, 1999.  This stopped time.  He was also convicted of two other controlled substance violations in New Jersey on May 6, 2008.  On November 26, 2008, immigration court proceedings were instituted charging him removal under INA §§ 237(a)(2)(A)(iii) and (B)(i), as an alien convicted of an aggravated felony and a controlled substance violation. On September 8, 2009, the Department issued additional charges of removal adding the respondent's 1999 conviction.
    The Immigration Judge ruled that the respondent's 2008 convictions were not final for immigration purposes because they were on direct appeal in New Jersey, but determined that the respondent was nonetheless removable under INA § 237(a)(2)(B)(i) because of his 1999 conviction.  
    The Immigration Judge further denied the respondent's application for cancellation of removal finding that he failed to establish the requisite 7 years of continuous residence, because continuous residence ended in 1999 when he committed the drug offense that rendered him removable.  In so doing, the Court ruled that a new period of continuous residence does not start if an individual departs the United States and subsequently returns. 
    The Board agreed finding that an individual's subsequent reentry does not restart the clock when an alien departs and reenters the United States following the commission of a removable offense.
    Click here to read the entire decision. 
  3. Ohio's Plain Dealer Features Mr. Eddy Zai and Cleveland International Fund

    Ohio's largest newspaper The Plain Dealer featured a story on Mr. Eddy Zai and his Cleveland International Fund, a designated EB-5 regional center in Ohio.  Cleveland International Fund (CiF) is one of the most active EB-5 regional centers in Chinese market. Since launching their marketing efforts in China last July, the regional center has completed $45 million fundraising forthe Flats East Bank project, 90 EB-5 investors were mainly from China, Korea and India.  Now Mr. Eddy Zai is geared to finance the expansion of University Hospitals. The hospital system is wrapping up more than $1.2 billion in projects, including a new cancer hospital in Cleveland and a freestanding hospital in Beachwood. CiF is launching their China efforts end of this month. See complete news report by the Plain Dealer, please click here.
  4. Feb 17 - Attacks In Mexico

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------

    February 17, 2011,0217.shtm


    1. Comment: Attacks In Mexico - A video styled "US Agent Killed

    in Mexico" by STRATFOR

    points out the similarities between the attack on two ICE agents,

    and an attack on some missionaries two weeks ago, in that it was

    carried out opportunistically by low-level gangsters in Mexico,

    and with the intent of acquiring a vehicle. The report

    distinguishes this incident from the premeditated, deliberate and

    targeted kidnapping and murder of a DEA agent, Kiki Camarena,

    back in 1985, which murder became the cause of a wide-ranging and

    intense punitive effort by US government agencies to bring the

    heads of the cartel responsible to justice.

    2. Article: Deferred Departure For Deportable Aliens

    by Leon Wildes,0217-wildes.shtm

    3. Article: First Texas Republican Is Appointed To Lead The

    Judiciary Committee. What Does This Mean For I-9 Enforcement? by

    Dawn Lurie And Kevin Lashus,0217-lurie.shtm

    4. Article: The Business Of Law by Ed Poll,0217-poll.shtm

    5. Bloggings: The Friends Visa by Greg Siskind,0217-siskind.shtm

    6. Bloggings: U.S. Immigration and Customs Enforcement Targets a

    United States Citizen Journalist by Matthew Kolken,0217-kolken.shtm

    7. Bloggings: Federal Government Provides Grants to Help Refugee

    Children by Jason Dzubow,0217-dzubow.shtm

    8. News: USCIS Publishes Memo On Revocation of VAWA-Based Self-


    9. News: USCIS Publishes Presentation On AAO Precedent Decisions,0217-aao.pdf

    10. News: DHS Publishes Notice On E-Verify Self Check System of


    11. Focus: The Physician Immigration Book

    ILW.COM is pleased to announce The Physician Immigration Book

    edited by Robert Aronson. Contributors are: Mary Amundson, Robert

    Aronson, Lisa Atkins, Therese Bart, Janice Bianco, Ingrid Brey,

    Brian Bruner, Elise Bruner, Jacqueline Bucar, Lisa Claypool,

    Kristi Crawford, Karen Dean, Alex Dgebuadze, Robert Divine,

    Goldie Domingue, Maria Fritzinger Elias, Eleanor Fitzpatrick,

    Roberta Freedman, Kristen Harris, Wendy Hess, Dayna Kelly,

    Khorzad Mehta, Jennifer Minear, Bruce Morrison, George Newman,

    Elizabeth Neuwirth, Jennell Prentice, Karen Pollins, Michelle

    Scimecca, Suzanne Seltzer, Carl Shusterman, Greg Siskind, Rita

    Sostrin, Tim Skinner, Sarah Strensrud, Elizabeth Quinn, Hamel

    Vyas, Tracy Wallowicz, David Ware, Nathan Waxman, Andrew Wizner

    and Robert Whitehill

    The book outline is as follows:


    ++Healthigration: Immigration Meets Healthcare Reform by Robert



    ++Physician Workforce Modeling: State of the Workforce by Kristen


    ++Immigration Attorneys & Physician Recruiters: The Essential

    Connection by Tim Skinner & Jennell Prentice

    ++Rural Healthcare & Conrad Waivers by Mary Amundson & Therese



    ++Evolution of J-1 Exchange Visitor Program for Physicians by

    Ingrid Brey

    ++ECFMG Role in Administering the J-1 Physician Program by

    Eleanor Fitzpatrick & Tracy Wallowicz

    ++Legal Issues in Administering an Institution's J-1 Exchange

    Visitor Program by Lisa Claypool

    ++The View from the Inside: institutional Considerations in the

    J-1 Program by Janice Bianco


    ++Intake Analysis and Considerations for the IMG Client by Robert



    ++Overview of the Conrad J-1 waiver Program by Suzanne Seltzer

    ++System of Federal Designations of Medical Underservice by

    Robert Aronson

    ++Other Federal IGA Waiver Programs by Goldie Domingue

    ++J-1 Waivers through the Department of Veterans Affairs by

    Michelle Scimecca

    ++Waivers for Biomedical Researchers through the Department of

    Health and Human Services by Elizabeth Quinn


    ++H-1B overview for International Physicians by George Newman

    ++H-1B Options for Medical Trainees by Rita Sostrin & Alex


    ++H-1B Fulfillment Obligations following INA 214(l) Waivers by

    Khorzad Mehta

    ++Eligibility for H-1B Extensions beyond Six-Years by Robert


    ++Corporate Practice of Medicine and Who is the Employer by

    Jacqueline Bucar & Elizabeth Neuwirth


    ++Alternative Nonimmigrant Visa Options for IMGs by Roberta

    Freedman & Lisa Atkins

    ++Nonimmigrant Visa Options for Canadian Physicians by Carl



    ++Overview: Choosing the Right Option by Jennifer Minear

    ++Comparative Advantages: Labor Certification vs. National

    Interest Waiver by Brian Bruner

    ++Labor Certification Theory and Practice for Physicians by Wendy

    Hess, Karen M. Pollins and Maria P. Fritzinger Elias

    ++Business Necessity for International Physicians by Dayna Kelly

    ++Special Handling Practice and Strategy for Academic Physicians

    by David Ware

    ++National Interest Waiver Overview for Physicians by Kristi


    ++NIW Attestation Letters from the State Departments of Health by

    Elise Bruner

    ++NYSDOT Adjudications: Trends and Blips by Nathan Waxman & Karen



    ++The Legacy of Kutty: Compliance Issues for Employers by Sarah



    ++Legislative Initiatives Impacting Physician Immigration by Greg


    ++Immigration Architecture for the 21st Century by Bruce Morrison

    For more info on The Physician Immigration Book and to order:


    By Fax:

    12. Headline: RT @RI4A: Celebrating victories in Colorado and


    13. Headline: RT @ICFJ: Have u seen our "Reporting Immigration"

    manual? it helps u cover immigration in a fair & meaningful way:

    14. Headline: RT @cojjun Ready to Play? Illegal Immigration game

    Smuggle Truck Demo Live

    15. Headline: RT @DreamAct: Justice prevails in Virginia, defeat

    of anti-immigrant laws!

    16. Headline: RT @CouldBeMe7 Arizona Sheriff Plans 19th

    Immigration Sweep:

    17. Headline: Immigrant advocates to protest NJ detention center

    18. Headline: Immigration enforcement bill brings lawsuit threat

    19. Headline: Slaying of U.S.agent a 'game changer'

    20. Headline: State funds in play under 'sanctuary city' bill

    21. Headline: Senate panel kills House-approved bills targeting

    illegal immigration

    22. Headline: Records show ICE backtracking on immigration


    23. Headline: Arizona Sheriff Plans 19th Immigration Sweep

    24. Headline: U.S. Businesses Everywhere: Are Your Immigration

    Papers In Order?

    25. Headline: Want to be seen? Get on our homepage. Improve

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    26. Headline: Immigration Practice guides you through the aspects

    of immigration law practice in one volume. get it here!

    To submit an Article or a news item to Immigration Daily, write

    to Follow ILW.COM on Twitter:



    1. Help Wanted: Immigration AttorneysWashington, DC - The Office

    of the Chief Counsel (OCC), U.S. Citizenship and Immigration

    Services (USCIS), Department of Homeland Security, is seeking

    experienced attorneys with 3+ years demonstrated experience in

    immigration law for the position of Chief Transformation Counsel

    in Washington, D.C. The attorney will serve as advisor to the

    USCIS Chief Counsel and USCIS Deputy Chief Counsel, and to the

    USCIS Chief, Office of Transformation Coordination. The Chief

    Transformation Counsel's responsibilities include, but are not

    limited to, providing advice on all immigration legal, policy,

    and regulatory matters arising within the USCIS Transformation

    program -- including immigrant and nonimmigrant visa petitions;

    family-based, employment-based, and diversity visas; issues

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    2. Help Wanted: Immigration Attorney

    New York, NY - Midtown Manhattan boutique immigration law firm

    seeks an associate attorney with 0-3 years of experience in

    business immigration including full range of NIV, IV, PERM cases,

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    3. Help Wanted: Immigration Attorneys

    Dallas, TX - Berry Appleman & Leiden LLP (BAL),

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    experienced attorneys with a minimum of three to eight years


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    4. Help Wanted: Immigration Paralegal

    San Francisco, CA - The Morgan Lewis Resources Immigration Group

    seeks an Immigration Senior Paralegal to assist with a wide

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    To place a classifieds ad in Immigration Daily, see here



    1. ReadersWrite: Yesterday's Discussion

    2. ReadersWrite: Today's Discussion

    To submit an Article for consideration, write to



    ComingsNGoings: ObituaryOn Saturday, February 5, 2011, Fred W.

    Vacca of Silver Spring, MD died peacefully at his residence. Mr.

    Vacca was retired as a member of the Board of Immigration

    Appeals. He is survived by his beloved wife of more than 41

    years, Patricia Cliggett Vacca; brothers, Richard and his wife,

    Jo Anne of Vero Beach, FL and Anthony and his wife, Christine of

    Mastic, NY; niece, Courtney Vacca Vierstra and her husband, Gary;

    and grandnephews, Simon, Max and Joseph Vierstra of Kent, Ohio.

    Readers can share professional announcements (up to 100-words at

    no charge), email:


    The first daily in the field of immigration. Forward this to a


    Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X

    An Important disclaimer! The information provided on this page is

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    by , 02-17-2011 at 05:50 AM (Greg Siskind on Immigration Law and Policy)
    My friend John Lamb in Nashville has had this idea for a while. It sounds a little nuts at first, but as John notes -
    Giving American citizens the power of granting legal status to their foreign-born friends is an idea I've had for a while but not trumpeted very much.  The idea is, if deputization of immigration enforcement responsibilities is such a great idea, why not deputize the admission and naturalization piece, as well?.
    Well now a Utah Republican Senator is proposing a bill that would do just this. According to the Salt Lake Tribune:

    Rep. John Dougall, R-Highland, gave the first glimpse of his proposed bill, titled the "Alien Friends Amendments," that would allow any U.S. citizen who is a resident of Utah to sponsor an undocumented immigrant not already in the state to live and work here.
    Dougall said the premise is centered on his belief that "immigration is not a power delegated to Congress as delineated within the U.S. Constitution and, as such, is left to the states and the people."
    His measure would allow each citizen who is a resident of Utah to sponsor an immigrant, provided they pass a health and background screening to be eligible for the program. The sponsor would also assume financial liability for the immigrant.
    It also has some restrictions on immigrants' ability to travel. Under the proposal, the so-called resident immigrant would be eligible to reside, work and study only in Utah and couldn't travel to another state without permission from that state.
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